S ASOKAN Vs. STATE REP

JUDGEMENT

(1.) Ashokan, the appellant herein was convicted for the offences under Sections 302 and 404 I.P.C. and sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- for offence under Section 302 I.P.C.; and imposed a fine of Rs.500/- for offence under Section 404 I.P.C. Challenging the same, this appeal has been filed.

(2.) The facts in brief leading to the conviction are as follows:

(3.) Mr. S.Illamparithi, learned counsel for the appellant would mainly contend that the entire trial conducted by the Principal Sessions Court, Vellore, is illegal, in view of the fact that the accused is a juvenile on the date of the offence and as such, the trial conducted held by District Court is not valid in law. He would further contend that before the trial, the accused was detained in the juvenile home and when the age was considered by the committal Court, the committal Court gave a finding that he was a juvenile and despite the said finding, the District Court, after committal, conducted a fresh enquiry and gave a finding merely on the basis of the opinion of the Doctor, without considering the other materials found on record that the accused was not a juvenile on the date of the offence. As such, this Court may set aside the judgment impugned and remand the matter for conducting an enquiry for determining the age of the accused. In regard to the merits, it is contended that the circumstances putforth by the prosecution are not sufficient to hold that the accused was guilty of the offences under Sections 302 and 404 I.P.C.